TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 182

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SINO-BRITISH JOINT LIAISON GROUP: PRIVILEGES AND IMMUNITIES

1.

CARY

2.

Annex II of the draft agreement on the future of Hong Kong contains details of the proposed Sino-British Joint Liaison Group.

It will be established on the entry into force of the Joint Declaration, ie before 30 June 1985, and will meet in Peking, London and Hong Kong. From 1 July 1988 it will have its principal base in

Hong Kong,

2.

as

Paragraph 10 of Annex II provides that "members of the Joint Liaison Group shall enjoy diplomatic privileges and immunities

appropriate when in the three locations. It is generally agreed that to give effect to this provision we shall need to include a short provision in the forthcoming Hong Kong Bill to the effect that the members of the Sino-British Joint Liaison Group nominated by the Government of the People's Republic of China will when in the UK

enjoy the like privileges and immunities as are accorded to

diplomatic agents by the Diplomatic Privileges Act 1964.

Legislation will, we understand, also be nece sary in Hong Kong.

3. It is also necessary to consider what privileges and immunities, if any, might need to be extended to the 20 supporting staff designated by each side, and to experts attending meetings of the Joint Liaison Group and any sub-groups. We must take into account the following requirements.

(i)

(ii)

(iii)

we must not complicate the passage through Parliament of the

Hong Kong legislation

we must ensure that our arrangements in Peking give an appropriate degree of protection to British and Hong Kong personnel attending meetings of the group and sub groups

there.

we must ensure that if the Chinese seek reciprocal treatment

for their Own representatives in Hong Kong, this would be acceptable and appropriate in Hong Kong's circumstances, both now and when the Joint Liaison Group takes Hong Kong as its

principal base in 1988.

CONFIDENTIAL